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SHAKOOR SUPERMARK. v. OLD BRIDGE

DOCKET NO. A-3765-09T3

19 A.3d 1038 (2011)

420 N.J. Super. 193

SHAKOOR SUPERMARKETS, INC., Plaintiff-Appellant, v. OLD BRIDGE TOWNSHIP PLANNING BOARD, and The Golf Center, Inc., Defendants-Respondents. Foxborough Village Homeowners Association, Inc., Plaintiff, v. Township of Old Bridge, Township of Old Bridge Planning Board, and The Golf Center, Inc., Defendants.

Superior Court of New Jersey, Appellate Division.

Decided June 13, 2011.

Attorney(s) appearing for the Case

Ronald S. Gasiorowski , Red Bank, argued the cause for appellant (Gasiorowski & Holobinko, attorneys; Mr. Gasiorowski, on the brief).

William J. Wolf , Lakewood, argued the cause for respondent The Golf Center, Inc. (Bathgate, Wegener & Wolf, P.C., attorneys; Mr. Wolf, on the brief).

DiFrancesco, Bateman, Coley, Yospin, Kunzman, Davis & Lehrer, P.C., Warren, attorneys for respondent Township of Old Bridge Planning Board, join in the brief of respondent The Golf Center, Inc.

Before Judges YANNOTTI, ESPINOSA and SKILLMAN.

The opinion of the court was delivered by

ESPINOSA, J.A.D.

This case presents the question whether public notice of an application for site plan approval that included the construction of "a main retail store of 150,000 [square feet]" was legally insufficient because the application failed to identify the store as a Walmart. For the reasons that follow, we conclude the notice was sufficient.

Defendant, The Golf Center, Inc., owns 53.26 acres in Old...

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